What is a family limited partnership and how can it provide asset protection benefits?
A family limited partnership (FLP) is a legal business entity formed in North Carolina that is created to help protect assets from creditors. The FLP is a legal structure that allows for the separation of title and liability of one’s assets through the use of partnerships. The general partner is a person or entity with ultimate authority for the FLP, responsible for making decisions such as acquiring and disposing of assets. The limited partners are passive investors that contribute capital but have limited control and authority over the FLP. There are many ways that a family limited partnership can provide asset protection benefits for its participants. The most notable is asset segregation. A family limited partnership enables a person to distribute their assets among the various partners. This means that a creditor’s claim against one partner will not affect the assets of any other partner. Additionally, a family limited partnership helps protect assets from creditors by limiting the partner’s exposure to liability. In North Carolina, the law provides that if the family limited partnership is properly formed and operated, its assets are generally protected from creditor claims. This is because the limited partners have no right to manage the FLP, nor any right to control or dispose of its assets. Overall, a family limited partnership provides many asset protection benefits for its participants and helps protect their assets in the event of a lawsuit or other legal issue.
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